Not guilty plea already entered, court dates set
Calling the Kissimmee mayor’s actions akin to “insider trading”, state level officials presented the charges – and their rationale for levying them – against Eva Jacqulyn “Jackie” Espinosa, for which she was arrested Wednesday morning.
Florida Department of Law Enforcement officers took her into custody, and charged her with grand theft, a second-degree felony, and organized scheme to defraud, and first-degree felony. She's in the Osceola County Jail until she appears in front of a judge on Thursday morning at the earliest.
At a press conference in Miami held Wednesday after the Orlando press conference, Gov. Ron DeSantis, who would have the power to remove Espinosa from office, did not mention Wednesday’s legal actions, or Espinosa’s status as the mayor, meaning she remains in that position as of late afternoon.
"The City Charter does not address the arrest of a sitting mayor or commissioner. Under the Charter, an arrested mayor or commissioner remains in their seat until a qualifying act, such as suspension, removal, or resignation takes place," the City of Kissimmee said in a release sent out just after 5 p.m. Wednesday, noting city operations are continuing as normal.
“Vice Mayor Angela Eady will perform mayoral duties in the absence of Mayor Espinosa at City Commission Meetings and ceremonial events,” the city said. Eady missed Tuesday’s City Commission meeting as she fights an illness.
Court records Wednesday afternoon showed Espinosa has entered a written plea of not guilty, and has a scheduled Dec. 1 pretrial hearing at the Osceola County Courthouse, with a trial tentatively set for the week of Dec. 14. The Office of Statewide Prosecution will prosecute the case.
While the main investigations centered on Espinosa’s three family-owned companies that received Business Boost funds – The Real Estate Gallery, Kissimmee Diner/ Matador Taco & Tapas (received $15,000 each) and Adanse, LLC ($20,000), Ingoglia noted that four other businesses located at properties owned by or leased from Espinosa received $40,000 of the federal funds.
“The investigation found that Jackie Espinosa herself applied for the grants on behalf of her family's businesses,” he said Wednesday. “From there, we made a referral to the federal to the Florida Department of Law Enforcement Office of Executive Investigation, the Florida Commission of Ethics and the special prosecutor appointed by the City of Kissimmee for further investigation. Since then, my office worked hand-in-glove to investigate this case and ensure that if there was any corruption in the city of Kissimmee, we would find it.
“Public service means that you work for the public. It is about public service, not self-service.”
Ingoglia said the charges could carry a 30-year prison sentence.
"I do not care if you are a Democrat, I do not care if you are a Republican, if you steal from the taxpayers, we will find you, we will investigate you, we will gather the evidence, and we will put you in prison," he said. "That a pot of money seems to be an easy grab for elected officials, don't do it. We will find you, and we're gonna put on handcuffs."
Special Prosecutor Rich Mantei of the FDLE Public Integrity Unit referenced the work of special prosecutor Mayanne Downs, who was chosen by the city of Kissimmee to review the case. Her findings were that Espinosa violated city ethics codes by voting to create and fund the Business Boost 2.0 program while the three businesses tied to her and her family benefit from it. Downs recommended that the city could hold impeachment proceedings and to refer the matter to the FDLE, but only two of the other four commissioners voted to do that, ending the city’s role in the matter.
"(Downs) is a former president of Florida bar, she's not a nobody," Mantei said. "You can pretend ignorance of the law is no excuse for violating it ... you just can't pretend not to know something and think you can get away with it. What Ms. Downs said was, 'Public office is a trust, not a trough.'"
"The Boost program was created to help small businesses survive a pandemic, not to enrich the officials who control it. No warning should have been necessary. The oath of office is warning enough."
Check back through the evening Wednesday, as the News-Gazette continues to update this story with the newest details.
